Court : Patna
rajesh balia, c.j. and barin ghosh, j.1. in all these writ petitions the constitutional validity of bihar agriculture produce market (repeal) act, 2006, (hereinafter referred to as 'the repeal act of 2006') has been challenged.the petitioners, different in each writ petition, are alleging themselves to represent the interest of the persons employed at bihar agriculture marketing board, market/committees/bazar samities, the agriculturists and the members of the board / the committees/samites.2. the learned counsel appearing for the petitioners have raised number of contentions which were of various shades and colours but in substance, the contention was(a) that the impugned act has been enacted without application of mind and a colourable piece of legislation because the bihar agriculture produce market act, 1960 (hereinafter referred to as 'the act of 1960') had been tested and upheld by the hon'ble supreme court as a reasonable restriction on freedom of marketing agriculture produce but before repealing that act of 1960, no enquiry has been made into the necessity of change in legislative policy in furtherance of which act of 1960 had been enacted indicating that the repeal act has been enacted without application of mind.as a limb of this argument it was urged that in the object for enacting the repeal act, it has been stated that regulation of agricultural produce markets through the act of 1960 has failed to achieve its objects. this justification is not founded on any .....
Tag this Judgment!Court : Patna
sudhir kumar katriar, j.1. this is a batch of 13 writ petitions under article 226 of the constitution of india, questioning the validity of the selection process of the bihar administrative service first limited competitive examination 2003 (hereinafter referred to as 'the selection process'), conducted by the bihar public service commission (hereinafter referred to as 'bpsc'). all the writ petitions (except cr.wjc no. 583 of 2007 and cwjc no. 16093 of 2007) have been preferred by unsuccessful candidates, some of whom want cancellation of the selection process from the stage of the advertisement, some other want the selection process from the post-advertisement stage and fresh examination to be held, and still others want the selection process to be upheld and preparation of fresh merit list in accordance with law after excluding the charge-sheeted candidates. cr.wjc no. 583 of 2007 has been preferred by the successful candidates and pray for the direction that the investigation may be concluded expeditiously. cwjc no. 16093 of 2007 has been preferred by some of the successful candidates and pray that they may be appointed after eliminating the charge-sheeted candidates. the representative facts shall be taken from cwjc no. 7725 of 2005 (sunil kumar sinha v. state of bihar and ors.), except where facts by specific reference is derived from any other writ petition.2. in exercise of the powers conferred by article 309 of the constitution of india, the bihar government framed .....
Tag this Judgment!Court : Patna
bisheshwar prasad singh, j.1. the two appeals before us and the death reference arise out of a common judgment and order of the 2nd addl. sessions judge, nalanda dated 11th august, 1998 in sessions trial no. 507 of 1996/33 of 1997, 12 persons were variously charged of offences under sections 302, 302/34, ipc and section 27 of the arms act. the trial court recorded a finding that the prosecution had failed to prove its case against 8 of the accused persons who were put up for trial, and consequently recorded an order of acquittal in their favour. it however found that the prosecution had established its case beyond reasonable doubt against the remaining four accused who are the appellants in the two appeals before us. appellants hari sarain mahto, deoki mahto and lakhan mahto, appellants in criminal appeal no. 392 of 1998, have been found guilty of the offence under section 302, ipc and all of them have been sentenced to death. appellant subodh kumar, the sole appellant in criminal appeal no. 420 of 1998, has been found guilty of the offence under sections 302/34, ipc and sentenced to rigorous imprisonment for life. though found guilty of the offence under section 27 of the arms act, the trial court did not pass any separate sentence on that count. the trial court has made a reference to this court being death reference no. 9 of 1998 for confirmation of the death sentence passed against the appellants in criminal appeal no. 392 of 1998.2. the prosecution case is that a .....
Tag this Judgment!Court : Patna
prasun kumar deb, j.1. this appeal has been preferred against the order dated 20.9.1989 passed by the then subordinate judge 1st, jamshedpur, in misc. case no. 14/85.2. the appellant had a factory insured with the respondent-insurance company for a sum of rs. 2,00.000/- against loss or damage by fire, riot, strike or malicious damages for a period of twelve months starting from 14.12.1981 to 24.12.1982. the fire policy also contained an arbitration clause to the effect that if any difference shall arise between the insurer and insured regarding the quantum to be paid under this policy and when the liability being otherwise admitted, then such difference shall independently of all other questions be referred for the decision of an arbitrator. the appellant's case was that during the period of insurance, fire broke out on 12th june, 1982 causing damages to the factory. such damages was informed to the respondent-insurance company, which in turn had sent the claim forms and dispute to m/s. survey and investigation for assessing the loss and submitting his report. m/s. survey and investigation assessed the loss to the tune of rs. 8,000/-against the claim of rs. 14,000/- but then the insurance company repudiated the claim vide its letter dated 7/8th april, 1983. on this, the appellant approached the sub-judge's court on 17.6.1985 under section 8 of the indian arbitration act, and prayed for appointment of an arbitrator and for referring the dispute. the respondent-insurance .....
Tag this Judgment!Court : Patna
1. the sole appellant, who was respondent no. 6 in the writ application, has filed the present appeal challenging the order dated 25-8-2004, passed by a learned single judge in c.w.j.c. no. 8573 of 2004, by which he has quashed the order dated 27-7-2004, passed by the chief procurement officer, respondent no. 3 (annexure 8), whereby the appellant was appointed as a transporting and handling agent for patna district for the year 2004-2005 and remanded the matter to the bihar state food and civil supplies corporation ltd. (for short 'the corporation') and its officers to reconsider the matter of appointment of the said agent in accordance with law.2. the admitted facts are that corporation is a government undertaking and apart from other activities, it supplies foodgrains under various welfare schemes of the central government to the different blocks of the state of bihar and for that purpose it appoints transporting and handling agent for transporting the foodgrains under the various schemes in different districts and blocks.3. on 12-6-2004, the respondent-corporation issued an advertisement for appointment of transporting and handling agent for the district of patna for the year 2004-2005. on 21-6-2004, tenders were submitted by three persons, namely, appellant arun kumar agrawal, vijay kumar and pradeep kumar gupta (writ petitioner-respondent no. 6). a committee was constituted, namely, the district transport committee, headed by the district magistrate, patna, to .....
Tag this Judgment!Court : Patna
dharmpal sinha, j. 1. in this appeal, which has arisen from a suit for redemption of a usufructuary mortgage, the substantial questions of law formulated for decision, are as follows : '(1) whether the entry of the name of mostt. isara kuer (name) in ext. c, re-visional survey records showing her share in the suit property, is evidence of severance of the joint status? (2) whether the inclusion of the name of mostt. isara kuer in ext. b, zarpeshgi deed, further proves that the definition of the shares in the revisional survey was with a view to show partition in the family? 2. the relevant facts necessary for decision of the questions may briefly be stated as follows: the respondents in this appeal, who were plaintiffs in the suit (appellants in the first appeal) had instituted the suit for redemption of mortgage after depositing the necessary mortgage money under section 83 of the transfer of property act. the suit related to redemption of usufructuary mortgage created by the mortgage deed (ext. b) that had been executed on 7-8-1941, relating to 1 bigha 13 kathas and 12 dhurs of land, by two widows -- one mostt. maweshra kuer and one isara kuer. 3. the respondents claim to have purchased the mortgaged land under a sale deed executed on 11-7-1964 from the successor-in-inlerest of maweshra alias masara kuer, who was widow of sital pandey, one of the two sons of one hari pandey. 4. on the other hand the appellants in this appeal, who were defendants in the suit (and .....
Tag this Judgment!Court : Patna
n. pandey, j.1. this application under section 482 of the code of criminal procedure is for quashing an order dated 12-10-1993, passed by the 4th additional sessions judge, aurangbad, taking a decision to frame charges under section 304b of the indian penal code against the petitioners.2. it appears on 28-8-1985 one tapeshwar singh (opposite party no. 2) lodged a case under sections 302, 301 and 120b of the indian penal code (in short 'the code'). the police after close of investigation submitted a final report under sections 498a, 306 and 201 of the code. the learned magistrate took cognizance of the offence and summoned them to face trial.3. during course of trial prosecution examined all the witnesses and the case was fixed for judgment. but the trial courts instead of delivering judgment, by the impugned order held that the offence, alleged, was with respect to a dowry death. therefore, in his opinion, it was essential to frame a charge under section 304b of the code.4. mr. krishna prasad singh, learned counsel appearing for the petitioners, contended that the impugned decision of the learned judge, framing charge under section 304b of the code, is illegal and without jurisdiction, because no offence, as defined under that provision, was committed by the accused persons. he further contended that the alleged offence was committed on 28-8-1985. the provisions of section 304b of the code was introduced first time on 19-11-1986. therefore, the petitioners can not be .....
Tag this Judgment!Court : Patna
ramesh kumar datta, j.1. the present government appeal has been filed under section 378 of the code of criminal procedure by the state of bihar against the judgment and order of acquittal dated 18.12.2006 passed by shri munni lal paswan. special judge, cbi (ahd). patna in special case no. 5 of 1998 by which the learned special judge has acquitted both the accused dersons on the charge of possessing assets disproportionate to the known sources of ihcoma so far as the respondent no. 1 is concerned and on the charge of abetting the same with resosct to respondent no. 2. the charges had been framed under section 13(1)(e) read with section 13(2) of the prevention of corruption act, 1988 against the respondent no. 1. lalu prasad yadav and under section 109 of the indian penal code read with section 13(1)(e) read with section 13(2) of the prevention of corruption act, 1988 against respondent no. 2. smt. rabri devi.2. after hearing learned counsel for the appellant and learned counsel for the central bureau of investigation (cbi) which has been arrayed as respondent no. 3 notices had been issued earlier to respondent nos. 1 and 2 to show cause as to why the leave to appeal be not granted.3. mr. ram jethmalani, learned senior counsel appearing for the respondent nos. 1 and 2 has at the outset raised a preliminary objection as to the maintainability of the appeal on behalf of the state of bihar. mr. goolam e. vahanvati, learned solicitor general of india appearing for respondent no. .....
Tag this Judgment!Court : Patna
c.k. prasad, acting c.j. and s.k. sharma, j.1. petitioner, respondents 4 & 5 besides the intervenors ajay kumar and indrajit bhaskar were candidates for appointment to the post of civil judge (junior division), reserved for the members of the scheduled caste. they have not been appointed but respondents 4 & 5 have been appointed in vacancy reserved for scheduled caste. aggrieved by the same, petitioner preferred this writ application and seeks quashing of their appointment by issuance of an appropriate writ. further prayer made by the petitioner is to issue a writ in the nature of mandamus commanding the respondent - bihar public service commission to recommend his case for appointment as civil judge (junior division) and the state government to appoint him. intervenors have joined the petitioner and support his case.2. shorn of unnecessary details, facts giving rise to the present writ application are that for filling up three hundred eighteen (318) vacancies of civil judge (junior division), the bihar public service commission issued advertisement no. 43 of 2005 and notes 1 & 6 appended thereto, which are relevant for the purpose, read as follows:note - 1: vulwfpr tkfr @ vuqlwfpr tu tkfr ls vk'k; fcgkj jkt; ds vuqlwfpr tkfr @ tutkfr ls gsanote - 1: its free translation means that the expression scheduled caste/scheduled tribe would mean scheduled caste/scheduled tribe of the state of bihar.note - 6: vkj{k.k dh lqfo/kk fcgkj ds ewy fuoklh;kssa dks gh ns; gksanote - 6: its .....
Tag this Judgment!Court : Patna
sachchidanand jha, j.1. the petitioner seeks quashing of the notice dated march 20, 1992, issued under section 148 of the income-tax act, 1961 (for short 'the act'). a copy of the impugned notice has been marked annexure-3 to the writ petition.2. the petitioner is a registered firm carrying on wholesale business in cloth. for the accounting year july 9, 1986, to june 27, 1987, relevant to the assessment year 1988-89, it submitted the return of its income showing a total income of rs. 95,670 on july 27, 1988. along with the return it filed a statement showing computation of total income, audited trading, profit and loss account, balance-sheet and the tax audit report in the prescribed form as well as details of the loan accounts verified and confirmed by the concerned creditors. the return was accepted by the deputy commissioner of income-tax (assessment), special range, ranchi, respondent no. 2, after scrutiny and the assessment order was passed on november 17, 1989. on march 31, 1992, however, the impugned notice, dated march 20, 1992, under section 148 of the act was served on the petitioner alleging that respondent no. 2 had reasons to believe that income chargeable to tax had escaped assessment within the meaning of section 147 and he proposed to reassess the same and, accordingly, requiring the petitioner to submit the return in the prescribed form within 30 days of the service of notice. the petitioner made an application requesting respondent no. 2 to furnish the .....
Tag this Judgment!